Show the grand jury get to work JUDGE JUDD CHARGES THEM IN AN EARNEST MANNER he cautious them against bias and persecution on morning at 10 his honor jude IL P henderdon Hende raon resumed february term pursuant to adjournment the new district judge hon J W judd waa present together with a large number of the members of tle bar there was no business of especial importance connected with alie february term to attend to and after the following orders were made the february term was declared closed order was made postponing proceedings for contempt in the case of L A scott elliot vs 0 C whitmore et al until october ard 3rd the following named persons were admitted to citizenship christian petersen rastus hansen saen peter N dahl and soren the business of the regular september term was then commenced his honor judge hederson presiding jude judd occupying a seat by his side don C huntington Hunti neton newel knight john sullivan and William higley were sworn in as bailiffs an order was entered requiring sheriff thorn as fowler to attend sessions of this court bondsmen for william gillea appeared in court with the defendant and desired to be relieved from their bonds the court granted their request and giles was ordered to the custody of the marshall until he furnished new bonds john christensen applied for citizenship and was admitted nells christensen was also admitted to the of the grand jurors summoned on the open venire plan was then proceeded with the following persons answered to their names and took their places in the jury bos W C penny geo acius geo W bason henry W davis james mccarty wm L dykes C clawson alvin robinson S F mount H randall charles kofford Koff oed thatcher hallett peter wui re reton and wm star sir D evans assistant district actor aey interrogated each juror as to bis qualifications not omitting of course to question each one closely in reference to his belief on the subject of polygamy and unlawful cohabitation mr WH dickson asked clawson and in regard to their knowledge of the circumstances connected with the charge of stealing against one E A billington both jurors were abal the challenges were allowed the jurors however instructed that when the case came on for investigation they should stand aside and take no part in the same mr thurman asked HW davis if he knew anything of the case of the U S against abner haws juror answered he did not he was then asked if he had not an opinion concerning the case against daniel graves juror admitted he had termed an opinion and was challenged judge judd allowed the challenge and instructed the juror that when the case against graves came up for investigation to stand aside and not participate in it robert hills was asked the same question and answering similarly to davis mr thurman interposed a challenge the challenge was not allowed other jurors were then questioned as to other cases alvin robinson was challenged because of his opinion of the guilt or innocence of charles frampton the challenge was mr milner interposed a challenge against the array of jurors on the ground that they were not summoned on any order issued by the court at this term the challenge was overruled alvin robinson was then appointed and sworn in as foreman of the grand jury the rest of alie jury was then sworn william gities was arraigned on the charge of grand larceny the defendant plead not guilty judge judd then proceeded to charge the grand jury he said GENTLEMEN OF THE alland you have been selected from the different counties of this district and have been im paneled tried and sworn as a grand jury under the practice here it is now made iho duty of the court to charge you upon the criminal law in force in this territory and to give you such information with reference to your duties as such and with reference cases as may come before you you have been selected gentlemen for your intelligence and character as good and law abiding citizens of the united states of america and of this territory I 1 dont know exactly what view you or those who live in this locality may take of this for I 1 have not been liere long enough to learn much of your customs and habits but my view of the duties of a grand jury aa a understand it under the laws of this country makes it a very high a verv responsible and a very solemn duty the constitution of the united states in the first amendment provides eliat no person should be brought to answer any capital or other wie infamous offense except upon an indictment or presentment by a grand jury now that constitution is the hig liest law known to our government that is the organic law of the land it is i the law which gives life to alie government itself which gives to atthe powers it has and exercises we all have to take an oath to support the constitution of the united states and all good and loyal citizens are ready to do so now aliis organic law concerning which I 1 have spoken to you is so careful of the liberties of the citizens of this country eliat it has absolutely guarded the door to every criminal prosecution with a grand jury aud no man can be put to answer any capital or otherwise infamous afi ense unless a rand jury of good and lawful citizens shall first upon their oaths say eliat he ought to be held to answer so you gentlemen of the jury alio responsibility for the initial proceeding of all crimes 13 with you this court cannot try any man for any crime 1 you have said so by a paper writing known as an indictment or presentment now you will at once perceive eliat unless you i arc alive to a full sense of your responsibilities bili ties and duties crime cannot be punished at all hence your oath that vou will diligently inquire of and concerning all of fences given you in charge within this district and true presentments make so much by way of preliminary crimes are divided into classes there are what arc known as crimes against the person euch as murder rape assault and battery and every offense which affects directly alio person of another of course it would be an unnecessary dvork upon my part to undertake to go over the whole detail of crime of that character and I 1 shall content my belf to classify and give you a general idea as I 1 go along reference to the P reticular crimes included under tho general classes then there are crimes against property such as larceny and of fences of that kind livorse stealing P stealing any sort of stealing whereby one person undertakes to de anve another of his property without als consent then there are crimes may be designated as of a mixed caracter hach include something of both 0 those thail have defined to you it 18 a little in charging a grand jury to batata adv better general rule than to state in this way that whatever and laen before tho law and your education everything oi atiat feind will easily enough lead you into a proper channel of thought when anything shall be brought before you for investigation now with reference to larceny sheep stealing cattle stealing and things of that kind I 1 might say to you that it is apparent that aliis country here is practically ti except in some spots uninhabited there are hundreds and hundreds of miles where you would hardly find a settlement and people are bound to turn their sheep and cattle out on the ranges they cannot herd them around and bring them up every bight and put them in a corral BO as to protect them against thieves they have to rely upun the force and strength of the law to protect their property and that is an offense that you should give great care to your investigations be diligent in inquiring into ofie uses of that character I 1 find what occurs to me to be rather an anomalous condition ot things here to one coming from where I 1 did it appears rather ludicrous grand jurors are asked as part of their qualifications if they believe iu bigamy or polygamy 1 apprehend that there are very few spots in the united keates where a grand jury would be asked any such questions as a qualification to his sitting upon the grand jury but I 1 find certain acts ol 01 confess which upon their face are made to apply to the territories of the united states and especially to the territory of utah of which was passed in 1882 by the congress of the united and is to this effect every person who haa a husband or wife living who in a territory or other place over which alie united stated have exclusive jurisdiction hereafter marries another whether married or single and any man who hereafter simultaneously or on the same day marries more than one woman in a territory or other place over the united states have exclusive jurisdiction is guilty of polygamy and shall be punished by a fine and BO on that if any male person hereafter cohabit with more one woman he shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined so and so I 1 say it is rather a ein gular condition of things that makes it necessary for congress to legislate in that form but there seems to be in the territory of butali an institution 1 dont know by what other name to call it that has inaugurated augu rated tho practice of what is known as bigamy and polygamy that is to say as I 1 understand it a man marries one woman and after ho has married her lie goes and finds another and marries her and then another and marries her and BO on of course all he can get to marry until he is satisfied then there seems to be a habit or custom here as I 1 gather from this act of congress that after he marries one and then the second and and the third and 60 on he goes around and lives with them all generally as his wives well of course gentlemen of the jury there can but one result to any society based upon any such an idea as that or that will tolerate any such a practice it can be only to degrade the women of that country it takes from them their womanhood and as the strength of our government depends upon the integrity of the family relation it takes from the citizen his manhood sad condition of things confronts the jaw makers and the courts of our government but it is here and it has to be dealt with as we find itkov of thing of poly gumy and bigamy and unlawful cohabitation here is a system grown up in this territory under the teachings of some sort of religious institution commonly called the mormon church and I 1 incline to believe that some of these people who have been in the habit of indulging in these practices are to say the very least of it honest and sincere in the belief that it is right of course that makes it the more difficult to deal and makes the situation more embarrassing barr assing on all sides I 1 want to say to you gentlemen of the jury on this subject with an emphasis that cannot be misi aker that this thing must stop if the power of the government of the united rotates can stop it at the same time we must have no oppression nor persecution these people must be dealt with in a spirit of fairness in a spirit of justice and with a view to reform the evil people must not be indicted and convicted and lied far the sake of punishment the government of the united states does not desire that we arc all people of the same these people here are people of our gov cament just like we are they have equal rights with us and the govern ment of the united states does not desire to punish a single one of them except he in the violation of the law then if lie shall do that of course ho has to take the and feel the heavy hand of justice but I 1 warn you gentlemen that there must be no spirit of persecution there must be no spirit of crimination and recrimination on your part you can know no man the flesh you have sworn ito act without bias or prejudice vou bland here as the representatives of the government and as such you must act impartially fairly and justly with a view to reform and not to persecute peise cute remember at ali times however that wherever the law ia violated then the violator takes alie consequences it ia not on buur shoulders shou but you must not aldow yourselves to indict a man on mere suspicion on mere rumor on mere prejudice because you dont like his system or ha practices or anything of thai kind you buet be at the evidence that there is proof against him to convict him in court and if after a full and fair investigation of all the that la placed before you it appears that taft party is guilty then of course you will present an indictment to the court B n later acl of known as the act 11 e still further oJE Tencia seem to be defined alie condition of things out here that whoever commits adultery ahall be punished by imprisonment in penitentiary not exceeding three yeara and when the act js committed between a married woman and a man who ia unmarried both parties to euch act shall be deemed guilty adultery and when such act between a married man and a woman who is unmarried the man shall be deemed guilty of adultery I 1 have the same to say to you gentlemen with reference to eliat HS I 1 have with reference to the other A furt lier ottense that if ny person related to another person within and not including the fourth decree of computed according to the rules of the civil law shall marry or cohabit with such other so related person knowing her or him lo 10 be within said degree of relationship the person so offending shall be deemed guilty of incest and if any unmarried man or woman commit fuini cation catli ot them shall be punished bv not exceeding aix months ah those of fences described by the several acta of congress in the sections 1 have read to you I 1 give you in gunj as it has come to my there are several cases here I 1 dont know how many I 1 liepe not many go before you for I 1 give them to you acad it cure ial charge willi tu ilici cir ci r I 1 want to say to ami gent ehni 01 c time more 11 me 10 impress upon yun aliu that you leold buthe government acl as to society and as well ng to humanity to approach the of alii p culiar condition of i liere witti i desire to do to everybody alike then when 3 on ahall leave anns aliat you have acted your part well and the aie not but willi somebody else addressing the members of the court said that he saw there were about forty cases under the head of the law and motion calendar he wished to bar agthe opening in the morning and arrange foi the disposal of the motions be proposed going through the criminal calender with aa much dig pitch as possible and then aie would consult als bar in relation to the hear isab ti tb cepl asca Q 0 EL court then adjourned until 9 this this morning shortly after 9 judge judd took bis seat on the bench and commenced reading over the law and motion docket for consideration the of isaac L lyon vs geo T et al being a demurrer to complaint was taken up for argument alie demurrer was led in the case of david williams vs D J williams co plaintiff confessed demurrer and seven days were given to file amended complaint the cases of anna marks et al against john T sullivan also the case of marks against W H culiner were set for hearing on saturday the motion on demurrer in the divorce case of taylor vs taylor was argued by A G sutherland for plaintiff and geo sutherland for defendant demurrer was overruled and 20 days given to answer on motion in case of W D vs C M boley motion was made to dismiss at plaintiffs costs in case of the people vs otto hudson and cornelius sorensen order was entered to dismiss case J P R johnson indicted for unlawful cohabitation appeared to change plea he plea of not guilty and entered plea of guilty order was made dismissing the case of the people vs B fillmore adjourned till 1 elijah burns was arraigned on an indictment charging him with unlawful cohabitation the indictment was found in february laar he took the statutory time in which to plead and was ordered to give bonds in the sum of 1000 charles hawkins indicted for unlawful cohabitation was he plead guilty at the reassembling reas embling of court this afternoon ter noon liis |